AuthorTitleCitationSummaryYear
Maurice Wexler, Charles C. Warner, Gary R. Siniscalco, John L. Quinn, Adam T. Klein THE LAW OF EMPLOYMENT DISCRIMINATION FROM 1985 TO 2010 25 ABA Journal of Labor & Employment Law 349 (Spring, 2010) The Civil Rights Act of 1964 (1964 CRA) became the law of the land following the longest filibuster in the history of the United States Senate. Title VII of the 1964 CRA prohibits discrimination in employment and, together with the Age Discrimination in Employment Act, the Americans with Disabilities Act, and Executive Order 11246, has become an... 2010
Erica E. Hoodhood THE QUINTESSENTIAL EMPLOYER'S DILEMMA: COMBATING TITLE VII LITIGATION BY MEETING THE ELUSIVE STRONG BASIS IN EVIDENCE STANDARD 45 Valparaiso University Law Review 111 (Fall, 2010) Suppose that Publicus Corporation issues an objective assessment to determine qualified candidates for a promotion and plans to promote the top ten highest scoring candidates. To the corporation's dismay, the test results reveal that the top ten scoring candidates were all white males, although nearly half of the test takers were minorities.... 2010
Howard L. Brown , Honorable Raymond D. Austin THE TWENTY-FIFTH ANNIVERSARY OF THE NAVAJO PREFERENCE IN EMPLOYMENT ACT: A QUARTER-CENTURY OF EVOLUTION, INTERPRETATION, AND APPLICATION OF THE NAVAJO NATION'S EMPLOYMENT PREFERENCE LAWS 40 New Mexico Law Review 17 (Winter 2010) The Navajo Nation is the largest federally recognized Indian Nation in the United States with approximately 225,000 enrolled members. Approximately 180,000 of those members live within the Navajo Nation, in addition to several thousand nonmembers who reside or work there. The population of the Navajo Nation includes a workforce that produces goods... 2010
Autumn George "ADVERSE EMPLOYMENT ACTION"--HOW MUCH HARM MUST BE SHOWN TO SUSTAIN A CLAIM OF DISCRIMINATION UNDER TITLE VII? 60 Mercer Law Review 1075 (Spring 2009) Adverse employment action is judicial shorthand for determining whether a plaintiff showed that an employer's action sufficiently affected the employee's compensation, terms, conditions, or privileges of employment. This is a crucial element to sustain a § 703 claim under Title VII of the Civil Rights Act of 1964. However, what does adverse... 2009
Henry H. Drummonds BEYOND THE EMPLOYEE FREE CHOICE ACT: UNLEASHING THE STATES IN LABOR-MANAGEMENT RELATIONS POLICY 19 Cornell Journal of Law & Public Policy 83 (Fall 2009) This Article proposes a major devolution of labor relations policy making authority to the states. Echoing the federalism discussion in other contexts like global warming and prescription drugs, labor relation preemption doctrine should be examined and reformed by Congress. Existing doctrine is entirely judge-made even though only Congress, not the... 2009
Ishra Solieman BORN OSAMA: MUSLIM-AMERICAN EMPLOYMENT DISCRIMINATION 51 Arizona Law Review 1069 (Winter 2009) Muslim-Americans have faced many challenges to their basic civil liberties since the September 11th attacks on the World Trade Centers. One of the areas in which they have felt the most discrimination is in the workplace. The Equal Employment Opportunities Act, otherwise known as Title VII, prohibits employers from discriminating against employees... 2009
Nathan L. Barrett CIVIL RIGHTS-EMPLOYMENT-BEFORE AN EMPLOYER MAY LAWFULLY TAKE RACE-BASED ACTION TO REMEDY A PRACTICE THAT HAS A DISPARATE IMPACT, THE EMPLOYER MUST HAVE A STRONG BASIS IN EVIDENCE TO BELIEVE THAT IT WILL BE SUBJECT TO DISPARATE-IMPACT LIABILITY IF IT FAILS 79 Mississippi Law Journal 467 (Winter 2009) In 2003, New Haven, Connecticut firefighters took a promotional exam to qualify for promotion to the rank of lieutenant or captain. The interested candidates invested both personal time and money to prepare for the exam over a three-month period. The results of the exam revealed that white candidates had outperformed minority candidates. Fearing... 2009
Helen Norton CONSTRAINING PUBLIC EMPLOYEE SPEECH: GOVERNMENT'S CONTROL OF ITS WORKERS' SPEECH TO PROTECT ITS OWN EXPRESSION 59 Duke Law Journal 1 (October, 2009) This Article identifies a key doctrinal shift in courts' treatment of public employees' First Amendment claims--a shift that imperils the public's interest in transparent government as well as the free speech rights of more than twenty million government workers. In the past, courts interpreted the First Amendment to permit governmental discipline... 2009
Erwin Chemerinsky COURT'S CONSERVATIVES HOLD SWAY IN EMPLOYMENT CASES 45-SEP Trial 52 (September, 2009) The first four terms of the John Roberts era have shown us a Supreme Court that generally favors employers over workers in employment discrimination cases. This was especially clear during the most recently completed term, where, in three major cases, the Court imposed significant new barriers to workers' ability to get redress for discrimination.... 2009
Megan E. Mowrey DISCRIMINATORY RETALIATION: TITLE VII PROTECTION FOR THE COOPERATING EMPLOYEE 29 Pace Law Review 689 (Summer 2009) Discriminatory retaliation represented 32.3% of all Equal Employment Opportunity Commission (EEOC) claims in 2007, up from 22.6% in 1997. 28.3% of those retaliation charges specifically involved Title VII, an increase from 20.3% in 1997. As the frequency of retaliation claims filed through the EEOC has increased, courts have devoted more time to... 2009
Devah Pager , Bruce Western , David Pedulla EMPLOYMENT DISCRIMINATION AND THE CHANGING LANDSCAPE OF LOW-WAGE LABOR MARKETS 1 University of Chicago Legal Forum 317 (2009) A large body of theoretical and empirical research would lead us to predict a steady decline in discrimination, but several features of contemporary low-wage labor markets may function to sustain or renew racialized decision-making. Shifts in the composition of both low-wage jobs and workers have potentially created new incentives and opportunities... 2009
Ronald Turner EMPLOYMENT LAW 62 SMU Law Review 1097 (Summer 2009) I. INTRODUCTION. 1097 II. JURY SELECTION AND RACE-BASED STRIKES. 1097 III. EMPLOYMENT ARBITRATION. 1102 IV. WHISTLEBLOWERS. 1107 V. EMPLOYMENT-RELATED TORTS. 1112 VI. THE DRAM SHOP ACT. 1114 VII. CONCLUSION. 1117 THIS article surveys significant court decisions and developments in employment law during the Survey period of November 1, 2007 to... 2009
Cian Beecher , Partner, Arthur Cox EMPLOYMENT LAW IN IRELAND 2009 Aspatore 2510866 (August, 2009) A unique aspect of practicing employment law in any EU member state, such as Ireland, is the interaction between local laws and the implementation of pan-European legislation. One key area of legislative focus for the EU has been the development of a significant body of employee protection legislation. By way of example, the EU has legislated on... 2009
Scott A. Moss , Peter H. Huang HOW THE NEW ECONOMICS CAN IMPROVE EMPLOYMENT DISCRIMINATION LAW, AND HOW ECONOMICS CAN SURVIVE THE DEMISE OF THE "RATIONAL ACTOR" 51 William and Mary Law Review 183 (October, 2009) Much employment discrimination law is premised on a purely money-focused reasonable employee, the sort who can be made whole with damages equal to lost wages, and who does not hesitate to challenge workplace discrimination. This type of rational actor populated older economic models but has been since modified by behavioral economics and... 2009
Katrina Grider, Katrina Grider & Associates, 14227 Prospect Point Drive, Cypress, Texas 77429, (281) 256-9311 (Office), (281) 256-9312 (Fax), (888) ASK-4KAT (Toll Free Office), katrinagrider@sbcglobal.net LABOR AND EMPLOYMENT LAW UPDATE 46 The Advocate (Texas) 1 (Spring, 2009) C1-3TABLE OF CONTENTS I. LEGISLATIVE DEVELOPMENTS. 1 A. ADA Amendments Act of 2008. 1 1. Substantially Limits is Redefined. 1 a. Pre-ADAAA Law. 2 b. The ADAAA Law. 2 2. Major Life Activities are Enumerated. 2 a. Pre-ADAAA Law. 2 b. The ADAAA Law. 2 3. Major Life Activities are Expanded to Include Major Bodily Functions. 2 a. Pre-ADAAA Law.... 2009
Craig Robert Senn PERCEPTION OVER REALITY: EXTENDING THE ADA'S CONCEPT OF "REGARDED AS" PROTECTION UNDER FEDERAL EMPLOYMENT DISCRIMINATION LAW 36 Florida State University Law Review 827 (Summer, 2009) A head-scratching inconsistency currently exists in federal employment discrimination law. On the one hand, an employer is 100% liable under the Americans with Disabilities Act of 1990 (ADA) if it erroneously regards a person as having an actual disability and then discriminates based on this misperception. On the other hand, many courts have... 2009
Trina Jones RACE, ECONOMIC CLASS, AND EMPLOYMENT OPPORTUNITY 72 Law and Contemporary Problems 57 (Fall 2009) Of the 146,047,000 civilians in the U.S. labor force in 2007, approximately 82% identified themselves as White, 11% as Black or African American, 14% as of Hispanic or Latino/a ethnicity, and 5% as Asian. That year, the median household income for all racial groups was $50,233. With a poverty threshold of $21,027 for a family of four, the median... 2009
Anjana Samant RACE, RELIGION, AND NATIONAL ORIGIN IN POST-9/11 EMPLOYMENT DISCRIMINATION CASES 20 Practical Litigator 45 (March 1, 2009) As some commentators have noted, in this post 9/11 era, Islamic religious difference has been racialized in the context of the war on terror. Margaret Chon & Donna E. Arzt, Walking While Muslim, 68 Law & Contemp. Probs. 215, 215 (2005). Anecdotal evidence compiled by The Council on American-Islamic Relations (CAIR) about the nature of civil... 2009
Mary E. Pivec , Partner, Keller and Heckman LLP REPRESENTING EMPLOYERS CHALLENGED BY HARSH AND CONFLICTING REGULATORY IMPERATIVES 2009 Aspatore 4025310 (November, 2009) I am increasingly drawn to cases that challenge employers to successfully conduct their businesses under complex and often-conflicting labor, immigration, and discrimination laws and regulations. These employers may also face unprecedented legal challenges brought on by the criminalization of ordinary worksite practices and the lure of treble... 2009
Sebastian Krebber STATUS AND POTENTIAL OF THE REGULATION OF LABOR AND EMPLOYMENT LAW AT THE EUROPEAN LEVEL 30 Comparative Labor Law and Policy Journal 875 (Summer 2009) The regulation of labor and employment law at the European level seems to be at a dead end: The last directives that addressed new substantive issues of labor and employment law were passed or proposed between 2000 and 2002. The other directives adopted since only amend, rephrase, or further implement already existing legislation. At about the same... 2009
Ryan Keith Meyer THE UNITED STATES SUPREME COURT ELIMINATES THE "CLASS-OF-ONE" EQUAL PROTECTION CLAIM IN PUBLIC EMPLOYMENT [ENGQUIST V. OR. DEP'T OF AGRIC., 128 S. CT. 2146 (2008)] 48 Washburn Law Journal 529 (Winter 2009) The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. Currently, there are over nineteen million people in the United States employed by a local, state, or federal government. In recent years, the United States Supreme Court has narrowed the scope... 2009
Kate S. Arduini WHY THE AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT IS DESTINED TO FAIL: LACK OF PROTECTION FOR THE "TRULY" DISABLED, IMPRACTICABILITY OF EMPLOYER COMPLIANCE, AND THE NEGATIVE IMPACT IT WILL HAVE ON OUR ALREADY STRUGGLING ECONOMY 2 Drexel Law Review 161 (Fall 2009) On September 25, 2008, former President George W. Bush signed the Americans with Disabilities Act Amendment Act of 2008 (ADAAA), setting into motion perhaps the most extensive change to employment law in the last decade. The ADAAA, which took effect on January 1, 2009, aims to reinstitute the original congressional intent behind the Americans with... 2009
Major Steven M. Ranieri "IF AT FIRST YOU DON'T SUCCEED .": AN ARGUMENT GIVING FEDERAL AGENCIES THE ABILITY TO CHALLENGE ADVERSE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION DECISIONS IN FEDERAL COURT 2008-SEP Army Lawyer 23 (September, 2008) Title VII of the Civil Rights Act of 1964, as amended, prohibits employment discrimination in hiring, firing, compensation, terms, conditions, or privileges of employment on the basis of race, color, religion, sex, or national origin. The Equal Employment Opportunity Commission (EEOC) enforces these prohibitions against federal agencies through a... 2008
Alan K. Tannenwald AN IRONIC TWIST IN EMPLOYMENT LAW: THE CONSERVATIVE CASE FOR AMENDING TITLE VII TO BAN DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION 9 Georgetown Journal of Gender and the Law 269 (2008) In 1964, Congress took the bold step of enacting Title VII of the Civil Rights Act of 1964, which outlawed employment discrimination against racial and religious minorities, as well as women. Subsequently, similar protections have been extended to both individuals over 40 years old and those with debilitating disabilities. To further promote... 2008
Tricia M. Beckles CLASS OF ONE: ARE EMPLOYMENT DISCRIMINATION PLAINTIFFS AT AN INSURMOUNTABLE DISADVANTAGE IF THEY HAVE NO "SIMILARLY SITUATED" COMPARATORS? 10 University of Pennsylvania Journal of Business and Employment Law 459 (Winter 2008) This Comment will investigate a subset of employment discrimination plaintiffs--those I call the class of one. This class of one includes plaintiffs who hold a unique position at a small office or are the only employees who have a specific set of job characteristics within a larger office. An illustrative example is an office with six... 2008
Maya R. Warrier DARE TO STEP OUT OF THE FOGG: SINGLE-MOTIVE VERSUS MIXED-MOTIVE ANALYSIS IN TITLE VII EMPLOYMENT DISCRIMINATION CASES 47 University of Louisville Law Review 409 (Winter Issue, 2008) The enactment of the Civil Rights Act of 1964 marked the high point of civil rights activism. Within this Act, the provisions of Title VII established one of the most important . . . statutory prohibitions against employment discrimination because it took the protections offered by the Constitution even further to eradicate employment... 2008
Robert L. Nelson , Ellen C. Berrey , Laura Beth Nielsen DIVERGENT PATHS: CONFLICTING CONCEPTIONS OF EMPLOYMENT DISCRIMINATION IN LAW AND THE SOCIAL SCIENCES 4 Annual Review of Law and Social Science 103 (2008) systemic discrimination, implicit bias, discrimination litigation, organizations Legal conceptions of employment discrimination have become increasingly narrow over the past two decades as the law has adopted a perpetrator model of discrimination that emphasizes purposeful intent. This tendency runs counter to social scientific research that... 2008
Miranda Fleschert ELEVATOR COMPANY GOES DOWN: MANDATORY ARBITRATION PROVISIONS AS APPLIED TO PENDING CIVIL RIGHTS CLAIMS IN THE EMPLOYMENT CONTEXT 2008 Journal of Dispute Resolution 571 (2008) In Goldsmith v. Bagby Elevator Company, the Eleventh Circuit Court of Appeals carved a distinction in the employment context between mandatory pre-dispute arbitration agreements and compulsory arbitration agreements as applied to pending claims of discrimination. In doing so, the court warns employers that any effort to terminate an employee's... 2008
Gregory B. Reilly, Katy Shi-Klepper EMPLOYERS BEWARE: PITFALLS AND PROMISE OF ELECTRONIC INFORMATION IN EMPLOYMENT LITIGATION 252-JUN New Jersey Lawyer, the Magazine 14 (June, 2008) Since the electronic discovery amendments to the federal rules came into effect in December 2006, there has been a plethora of articles in respected legal publications regarding the parade of horribles awaiting unwitting counsel and their clients should they fail to preserve and/or produce electronic information in discovery. This article is... 2008
  EMPLOYMENT DISCRIMINATION REMEDIES: THE SHAPE OF LAWSUITS, THE SHAPE OF THE LAW: PROCEEDINGS OF THE 2008 ANNUAL MEETING ASSOCIATION OF AMERICAN LAW SCHOOLS SECTION ON EMPLOYMENT DISCRIMINATION LAW AND SECTION ON REMEDIES 12 Employee Rights and Employment Policy Journal 297 (2008) Professor Michael P. Allen : Good afternoon. I want to welcome you on behalf of both the Remedies Section and the Employment Discrimination Law Section to our joint program this afternoon. My name is Mike Allen and I'm the chair-elect of the Remedies Section. Remedies always come at the end of a lawsuit and so Paul was gracious to let me actually... 2008
Benjamin I. Sachs EMPLOYMENT LAW AS LABOR LAW 29 Cardozo Law Review 2685 (May, 2008) More than seventy years ago, the United States Congress centralized nearly all of American labor law into a single federal statute. The National Labor Relations Act (NLRA or the Act) was designed to be sweepingly broad, dictating the kinds of employees who could organize, the types of organizations workers could form, and the subjects over which... 2008
David A. Lowe ENFORCING THE EMPLOYMENT RIGHTS OF AMERICAN WORKERS ABROAD 24 Labor Lawyer 213 (Fall, 2008) As the economy continues its steady march toward globalization, more companies are becoming multinational, and more Americans are working overseas. American employers are increasingly sending U.S. workers on expatriate assignments to explore new markets, supervise the construction of foreign facilities, negotiate with overseas suppliers, or manage... 2008
Frank L. Day, Jr. FEDERAL EMPLOYMENT DISCRIMINATION--JONES v. R.R. DONNELLEY & SONS CO.: THE INADEQUACY OF THE FEDERAL "CATCHALL" STATUTE OF LIMITATIONS 38 University of Memphis Law Review 231 (Winter, 2008) I. Introduction. 232 II. The History of § 1981. 233 III. Determining the Appropriate Limitations Period for § 1981 Claims Before Congress Enacted the Four-Year Catchall Statute of Limitations. 239 IV. The Federal Catchall Statute of Limitations & Its Purposes. 243 V. The Context and Holding of Jones v. R.R. Donnelley & Sons Co.. 246 VI. Does § 1658... 2008
Elizabeth M. Ellis GARCETTI V. CEBALLOS: PUBLIC EMPLOYEES LEFT TO DECIDE "YOUR CONSCIENCE OR YOUR JOB" 41 Indiana Law Review 187 (2008) The Supreme Court recognized that the First Amendment was fashioned to assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people. Memorializing that ideal, the Supreme Court stated that the government may not deny a benefit to a person on a basis that infringes his constitutionally... 2008
Tristin K. Green INSULAR INDIVIDUALISM: EMPLOYMENT DISCRIMINATION LAW AFTER LEDBETTER V. GOODYEAR 43 Harvard Civil Rights-Civil Liberties Law Review 353 (Summer 2008) When the Supreme Court decided Ledbetter v. Goodyear Tire and Rubber Co. last year, holding that an employee must assert a Title VII pay discrimination claim within 180 days of when the pay decision was first made, commentators--both legal and non-legal--immediately recognized the obstacle the decision poses for individuals suffering from... 2008
Lee Reeves PRAGMATISM OVER POLITICS: RECENT TRENDS IN LOWER COURT EMPLOYMENT DISCRIMINATION JURISPRUDENCE 73 Missouri Law Review 481 (Spring, 2008) Introduction. 482 I. The Limits of Political Affiliation as an Explanatory Variable in Employment Discrimination Cases. 484 II. Toward A Pragmatic Theory of Employment Discrimination Jurisprudence: Aggregate Trends in Workload and Employment Discrimination Filings. 496 A. Aggregate Trends in District Court. 496 B. Aggregate Trends in the Courts of... 2008
Sandra B. Durant THE APPLICATION OF AMERICAN ANTI-DISCRIMINATION LAWS IN A GLOBAL WORK ENVIRONMENT 54 Practical Lawyer 29 (August 1, 2008) It shall be an unlawful employment practice for an employer...to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, sex or national origin. 42 U.S.C.... 2008
Carl H. Esbeck THE APPLICATION OF RFRA TO OVERRIDE EMPLOYMENT NON-DISCRIMINATION CLAUSES EMBEDDED IN FEDERAL SOCIAL SERVICE PROGRAMS 9 Engage: The Journal of the Federalist Society Practice Groups 140 (June 1, 2008) The basic federal employment nondiscrimination law is Title VII of the Civil Rights Act of 1964. The Act prohibits discrimination in employment on the basis of race, color, national origin, sex, or religion, and is binding when an employer has fifteen or more employees. However, section 702(a) of the act acknowledges the freedom of religious... 2008
David L. Hudson Jr. THE GARCETTI EFFECT 94-JAN ABA Journal 16 (January, 2008) When he dismissed their federal claims last March, U.S. District Judge W. Allen Pepper Jr. was nevertheless pained at the fate of three Mississippi prison officials who claimed retaliation after they reported that a fellow officer had beaten an inmate. The judge knew where to direct his misgivings: at the U.S. Supreme Court's 2006 decision Garcetti... 2008
Nicole B. Porter THE PERFECT COMPROMISE: BRIDGING THE GAP BETWEEN AT-WILL EMPLOYMENT AND JUST CAUSE 87 Nebraska Law Review 62 (2008) I. Introduction. 63 II. The Law. 66 A. Employment At-Will Presumption. 66 B. Common Law Exceptions. 67 C. Statutory Exceptions. 68 III. Dismissing the Alternatives. 70 A. The Problem with At-Will Employment. 70 1. Inconsistency and Mass Confusion. 70 2. The Egregious Termination Cases. 71 3. Undermines Anti-Discrimination Statutes. 75 B. The... 2008
Daria Roithmayr THEM THAT HAS, GETS 27 Mississippi College Law Review 373 (2007-2008) In 2004, sociologists Robert Sampson and Jeffrey Morenoff published a remarkable study on the persistence of poverty in Chicago neighborhoods from 1970 to 1990. The authors made several important findings. First, those neighborhoods that were poor in 1970 were almost all poor twenty years later in 1990. Even as poverty rates dramatically increased... 2008
Brian P. McCarthy TRANS EMPLOYEES AND PERSONAL APPEARANCE STANDARDS UNDER TITLE VII 50 Arizona Law Review 939 (2008) Transgender and transsexual individuals, collectively known as transpeople, are routinely demoted, terminated, or denied employment simply because of their appearance. For many years, trans employees have been unable to challenge such discriminatory practices under Title VII. This Note explores the status of trans employees in the jurisprudence of... 2008
Jessica Fink UNINTENDED CONSEQUENCES: HOW ANTIDISCRIMINATION LITIGATION INCREASES GROUP BIAS IN EMPLOYER-DEFENDANTS 38 New Mexico Law Review 333 (Spring, 2008) Since the passage of Title VII of the Civil Rights Act of 1964, countless individuals have turned to the courts to redress alleged violations of their civil rights. Indeed, in the four-plus decades since the passage of Title VII, discrimination claims brought under Title VII (along with its counterparts within the federal antidiscrimination... 2008
Keaton Wong WEIGHING INFLUENCE: EMPLOYMENT DISCRIMINATION AND THE THEORY OF SUBORDINATE BIAS LIABILITY 57 American University Law Review 1729 (August, 2008) Introduction. 1729 I. Background. 1735 A. The Anti-Discrimination Statutes. 1735 B. Agency Principles. 1737 II. The Theory of Subordinate Bias Liability. 1739 A. The Mere Influence or Involvement Standard. 1740 1. Influence. 1741 2. Involvement. 1742 3. Influence and involvement. 1743 B. The Actual Decision-Maker Standard. 1744 C. The Causal Nexus... 2008
Kara M. Farina WHEN DOES DISCRIMINATION "OCCUR?": THE SUPREME COURT'S LIMITATION ON AN EMPLOYEE'S ABILITY TO CHALLENGE DISCRIMINATORY PAY UNDER TITLE VII 38 Golden Gate University Law Review 249 (Winter 2008) After working for the same company for over fifteen years and just before her retirement, Violet discovered that she was earning only sixty percent of what her male co-workers were making. Violet, an employee of Tiremaker, had no reason to suspect such a significant discrepancy in her pay because she was first hired at a starting salary equivalent... 2008
Paul M. Secunda WHITHER THE PICKERING RIGHTS OF FEDERAL EMPLOYEES? 79 University of Colorado Law Review 1101 (2008) As a result of the Supreme Court's 1983 decision in Bush v. Lucas, federal employees are not permitted to bring Bivens constitutional tort claims directly to federal court to vindicate their First Amendment rights to free speech under Pickering v. Board of Education. Instead, the Bush Court found that Congress had established an effective,... 2008
William T. Bielby , Pamela Coukos "STATISTICAL DUELING" WITH UNCONVENTIONAL WEAPONS: WHAT COURTS SHOULD KNOW ABOUT EXPERTS IN EMPLOYMENT DISCRIMINATION CLASS ACTIONS 56 Emory Law Journal 1563 (2007) When statistical evidence is offered in a litigation context, the result can be bad law and bad statistics. In recent high-profile, high-stakes employment discrimination class actions against large multinationals like UPS, Wal-Mart, and Marriott, plaintiffs have claimed that decentralized and highly discretionary management practices result in... 2007
Deanna C. Brinkerhoff A MORE EMPLOYEE-FRIENDLY STANDARD FOR PRETEXT CLAIMS AFTER ASH V. TYSON 8 Nevada Law Journal 474 (Fall 2007) A recent Gallup Poll reported that fifteen percent of American workers claim their employers discriminated against them during a one-year period spanning from 2004 to 2005. The most frequent type of discrimination occurred in promotion decisions, which comprised thirty-three percent of the total reported incidents. Employment discrimination cases... 2007
Tristin K. Green A STRUCTURAL APPROACH AS ANTIDISCRIMINATION MANDATE: LOCATING EMPLOYER WRONG 60 Vanderbilt Law Review 849 (April, 2007) I. Defining a Structural Approach. 854 A. The Problem of Structural Discrimination: Implicit Bias and Organizational Context. 854 B. A Structural Approach to Employment Discrimination Law: Seeking Change in Organizational Context. 857 II. Reclaiming the Normative Core of Employment Discrimination Law. 865 A. A Meaningful Normative Divide: Costs and... 2007
Christine Neylon O'Brien , Jonathan J. Darrow ADVERSE EMPLOYMENT CONSEQUENCES TRIGGERED BY CRIMINAL CONVICTIONS: RECENT CASES INTERPRET STATE STATUTES PROHIBITING DISCRIMINATION 42 Wake Forest Law Review 991 (Winter 2007) In a scene from the movie Good Will Hunting, an M.I.T. mathematics professor mistakenly reprimands Will, the brilliant young janitor played by Matt Damon, for writing on the blackboard where he is actually solving an impossibly difficult equation. After the professor realizes that Will has solved the problem rather than defaced the board, he tracks... 2007
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